Unknown. Direct final rule

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--- schema: federal-register doc_type: fedreg source_file: FR-2011-03-28.xml --- 76 59 Monday, March 28, 2011 Contents Agriculture Agriculture Department See Forest Service NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 17103-17104 2011-7160 2011-7164 Architectural Architectural and Transportation Barriers Compliance Board PROPOSED RULES Shared Use Path Accessibility Guidelines, 17064-17066 2011-7156 Children Children and Families Administration NOTICES Meetings:

Advisory Committee on Head Start Research and Evaluation, 17130-17131 2011-7170 Commerce Commerce Department See International Trade Administration See National Oceanic and Atmospheric Administration Defense Department Defense Department NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 17110 2011-7174 Agency Information Collection Activities; Proposals, Submissions, and Approvals: Federal Acquistion Reguation; Environmentally Sound Products, 17127 2011-7245 Federal Acquisition Regulation;

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Environmental Management Site-Specific Advisory Board Chairs, 17118 2011-7243 Environmental Protection Environmental Protection Agency RULES Approval and Promulgation of Gila River Indian Community's Tribal Implementation Plan, 17028-17032 2011-7110 Protocol Gas Verification Program and Minimum Competency Requirements for Air Emission Testing, 17288-17325 2011-6216 NOTICES Draft Integrated Science Assessment for Ozone and Related Photochemical Oxidants, 17121 2011-7219 Meetings:

Advisory Council on Clean Air Compliance Black Carbon Review Panel, 17123-17124 2011-7200 Human Studies Review Board, 17121-17123 2011-7198 Federal Aviation Federal Aviation Administration RULES Special Conditions: Gulfstream Model GVI Airplane; High Incidence Protection, 17022-17025 2011-7144 PROPOSED RULES Special Conditions: Bombardier Model BD-700-1A10 and BD-700-1A11 airplanes, head-up display with video synthetic vision system, 17062-17064 2011-7147 NOTICES Agency Information Collection Activities;

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Final 2011 and 2012 Harvest Specifications for Groundfish; Correction, 17034-17036 2011-7241 Fisheries of the Northeastern United States: Summer Flounder Fishery; Quota Transfer, 17032-17033 2011-7233 Fisheries Off West Coast States: Modifications of the West Coast Commercial and Recreational Salmon Fisheries; Inseason Actions Nos. 1-4, 17033-17034 2011-7242 PROPOSED RULES Fisheries of Exclusive Economic Zone Off Alaska: Bering Sea and Aleutian Islands Crab Rationalization Program, 17066 2011-7249 NOTICES Fisheries of the Exclusive Economic Zone off Alaska:

Application for an Exempted Fishing Permit, 17107-17109 2011-7240 General Provisions for Domestic Fisheries: Extension for Exempted Fishing Permit, 17109 2011-7239 Monterey Bay National Marine Sanctuary Advisory Council; Applications, 17109-17110 2011-6926 National Park National Park Service RULES Special Regulations: Areas of the National Park System, National Capital Region, 17027-17028 2011-7146 National Science National Science Foundation NOTICES Meetings: Advisory Committee for Engineering, 17159 2011-7175 Assumption Buster Workshop;

Distributed Data Schemes Provide Security, 17158-17159 2011-7173 Nuclear Regulatory Nuclear Regulatory Commission RULES List of Approved Spent Fuel Storage Casks: HI-STORM Flood/Wind Addition, 17019-17022 2011-7102 PROPOSED RULES List of Approved Spent Fuel Storage Casks: HI-STORM Flood/Wind Addition, 17037-17038 2011-7091 NOTICES Final Interim Staff Guidances; Availability: Review of Nuclear Power Plant Designs using a Gas Turbine Driven Standby Emergency Alternating Current Power System, 17160 2011-7206 Standard Review Plan, Section 17.4, Reliability Assurance Program, 17159-17160 2011-7204 Findings of No Significant Antitrust Changes and Time for Filing Requests for Reevaluations:

Tennessee Valley Authority, Watts Bar Nuclear Plant, Unit 2, Spring City, TN, 17160-17162 2011-7213 License Renewals: Vermont Yankee Nuclear Power Station, 17162 2011-7218 Overseas Overseas Private Investment Corporation NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 2011-6929 2011-6925 2011-6927 17162-17164 2011-6928 Peace Peace Corps NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 17164-17165 2011-7201 Securities Securities and Exchange Commission RULES Staff Accounting Bulletin, 17192-17285 2011-5584 NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 17165-17166 2011-7151 Applications: TIAA-CREF Life Insurance Company, et al., 17166-17174 2011-7152 Meetings; Sunshine Act, 17174 2011-7342 Self-Regulatory Organizations; Proposed Rule Changes: NASDAQ OMX PHLX LLC, 17174-17176 2011-7181 NYSE Amex LLC, 17178-17180 2011-7167 NYSE Arca Inc., 17176-17178 2011-7231 Small Business Small Business Administration NOTICES Exemptions: C3 Capital Partners II, LP, 17180 2011-7065 Requests for Exemptions:

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Citizenship and Immigration Services NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 17144-17145 2011-7224 Agency Information Collection Activities; Proposals, Submissions, and Approvals: Business Transformation; Automated Integrated Operating Environment, 17145-17146 2011-7186 U.S. Mint United States Mint NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 17189-17190 2011-7223 Separate Parts In This Issue Part II Securities and Exchange Commission, 17192-17285 2011-5584 Part III Environmental Protection Agency, 17288-17325 2011-6216 Reader Aids Consult the Reader Aids section at the end of this page for phone numbers, online resources, finding aids, reminders, and notice of recently enacted public laws.

To subscribe to the Federal Register Table of Contents LISTSERV electronic mailing list, go to http://listserv.access.gpo.gov and select Online mailing list archives, FEDREGTOC-L, Join or leave the list (or change settings); then follow the instructions. 76 59 Monday, March 28, 2011 Rules and Regulations NUCLEAR REGULATORY COMMISSION 10 CFR Part 72 [NRC-2011-0007] RIN 3150-AI90 List of Approved Spent Fuel Storage Casks: HI-STORM Flood/Wind Addition AGENCY: Nuclear Regulatory Commission.

ACTION: Direct final rule. SUMMARY: The U. S. Nuclear Regulatory Commission (NRC or the Commission) is amending its regulations to add the HI-STORM Flood/Wind cask system to the “List of Approved Spent Fuel Storage Casks.” This direct final rule allows the holders of power reactor operating licenses to store spent fuel in this approved cask system under a general license. DATES: The final rule is effective June 13, 2011, unless significant adverse comments are received by April 27, 2011.

A significant adverse comment is a comment where the commenter explains why the rule would be inappropriate, including challenges to the rule's underlying premise or approach, or would be ineffective or unacceptable without a change. If the rule is withdrawn, timely notice will be published in the **Federal Register** . ADDRESSES: You can access publicly available documents related to this document using the following methods: *Federal e-Rulemaking Portal:* Go to *http://www.regulations.gov* and search for documents filed under Docket ID [NRC-2011-0007].

Address questions about NRC dockets to Carol Gallagher 301-492-3668; e-mail *Carol.Gallagher@nrc.gov* . *NRC's Public Document Room (PDR):* The public may examine and have copied for a fee publicly available documents at the NRC's PDR, Room O-1F21, One White Flint North, 11555 Rockville Pike, Rockville, Maryland. *NRC's Agencywide Documents Access and Management System (ADAMS):* Publicly available documents created or received at the NRC are available electronically at the NRC's Electronic Reading Room at *http://www.nrc.gov/reading-rm/adams.html* .

From this page, the public can gain entry into ADAMS, which provides text and image files of NRC's public documents. If you do not have access to ADAMS or if there are problems in accessing the documents located in ADAMS, contact the NRC's PDR Reference staff at 1-800-397-4209, 301-415-4737, or by e-mail to *pdr.resource@nrc.gov* . An electronic copy of the proposed Certificate of Compliance (CoC), Technical Specifications (TS), and preliminary safety evaluation report

(SER)can be found under ADAMS Package Accession Number ML103020135. The ADAMS Accession Number for the Holtec international, Inc. (Holtec) application, dated September 18, 2009, is ML092650747. CoC No. 1032, the TS, the preliminary SER, and the environmental assessment are available for inspection at the NRC's PDR, Room O-1F21, One White Flint North, 11555 Rockville Pike, Rockville, Maryland. Single copies of these documents may be obtained from Gregory Trussell, Office of Federal and State Materials and Environmental Management Programs, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001, telephone 301-415-6445, e-mail *Gregory.Trussell@nrc.gov* . FOR FURTHER INFORMATION CONTACT: Gregory Trussell, Office of Federal and State Materials and Environmental Management Programs, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001, telephone 301-415-6445, e-mail *Gregory.Trussell@nrc.gov* . SUPPLEMENTARY INFORMATION: Background Section 218(a) of the Nuclear Waste Policy Act

(NWPA)of 1982, as amended, requires that “the Secretary [of the U.S. Department of Energy (DOE)] shall establish a demonstration program, in cooperation with the private sector, for the dry storage of spent nuclear fuel at civilian nuclear power reactor sites, with the objective of establishing one or more technologies that the [Nuclear Regulatory] Commission may, by rule, approve for use at the sites of civilian nuclear power reactors without, to the maximum extent practicable, the need for additional site-specific approvals by the Commission.” Section 133 of the NWPA states, in part, that “the Commission shall, by rule, establish procedures for the licensing of any technology approved by the Commission under Section 218(a) for use at the site of any civilian nuclear power reactor.” To implement this mandate, the NRC approved dry storage of spent nuclear fuel in NRC-approved casks under a general license by publishing a final rule in Title 10 of the Code of Federal Regulations (10 CFR) part 72, which added a new Subpart K within 10 CFR part 72, entitled “General License for Storage of Spent Fuel at Power Reactor Sites” (55 FR 29181; July 18, 1990). This rule also established a new Subpart L within 10 CFR part 72, entitled “Approval of Spent Fuel Storage Casks,” which contains procedures and criteria for obtaining NRC approval of spent fuel storage cask designs. Discussion This rule will add the Holtec HI-STORM Flood/Wind

(FW)cask system to the list of approved spent fuel storage casks in 10 CFR 72.214. Following the procedures specified in 10 CFR 72.230 of Subpart L, Holtec submitted an application for NRC approval, together with the Safety Analysis Report

(SAR)entitled “Safety Analysis Report on the HI-STORM FW System.” The NRC evaluated the Holtec submittal and issued a preliminary SER and a proposed CoC for the HI-STORM FW System. The HI-STORM FW System provides the following:

(1)The ability to store and transport Boiling Water Reactor

(BWR)fuel with high initial enrichment (up to 4.8 weight percent uranium-235 planer average) without reliance on burnup or gadolinium credit;

(2)the ability to load and store spent nuclear fuel from the longest to the shortest currently, and expected to be produced, in the United States without requiring site crane upgrades;

(3)a reduction in the 10 CFR part 71 burnup credit requirement for the Pressurized Water Reactor

(PWR)basket allowing transportation of 5 weight percent uranium-235 fuel with moderate burnup;

(4)enlarged storage cell opening sizes in both PWR and BWR multipurpose canisters

(MPC)to ensure distorted irradiated fuel will fit without difficulty and to permit canisterized fuel to be stored in certain designated locations;

(5)greater heat rejection capacity with lower peak fuel cladding temperature than the HI-STORM 100 cask system, CoC No. 1014; and

(1)The comment opposes the rule and provides a reason sufficient to require a substantive response in a notice-and-comment process. For example, a substantive response is required when:

(a)The comment causes the NRC staff to reevaluate (or reconsider) its position or conduct additional analysis;

(b)The comment raises an issue serious enough to warrant a substantive response to clarify or complete the record; or

(c)The comment raises a relevant issue that was not previously addressed or considered by the NRC staff.

(2)The comment proposes a change or an addition to the rule, and it is apparent that the rule would be ineffective or unacceptable without incorporation of the change or addition.

(3)The comment causes the NRC staff to make a change (other than editorial) to the rule, CoC, or TS. For detailed instructions on filing comments, please see the companion proposed rule published elsewhere in this issue of the **Federal Register.** Voluntary Consensus Standards The National Technology Transfer and Advancement Act of 1995 (Pub. L. 104-113) requires that Federal agencies use technical standards that are developed or adopted by voluntary consensus standards bodies unless the use of such a standard is inconsistent with applicable law or otherwise impractical. In this direct final rule, the NRC is adding the HI-STORM FW System to the list of NRC-approved cask systems for spent fuel storage in 10 CFR 72.214. This action does not constitute the establishment of a standard that contains generally applicable requirements. Agreement State Compatibility Under the “Policy Statement on Adequacy and Compatibility of Agreement State Programs” approved by the Commission on June 30, 1997, and published in the **Federal Register** on September 3, 1997 (62 FR 46517), this rule is classified as Compatibility Category “NRC.” Compatibility is not required for Category “NRC” regulations. The NRC program elements in this category are those that relate directly to areas of regulation reserved to the NRC by the Atomic Energy Act of 1954, as amended, or the provisions of Title 10 of the Code of Federal Regulations. Although an Agreement State may not adopt program elements reserved to NRC, it may wish to inform its licensees of certain requirements via a mechanism that is consistent with the particular State's administrative procedure laws but does not confer regulatory authority on the State. Plain Language The Presidential Memorandum, “Plain Language in Government Writing,” published June 10, 1998 (63 FR 31883), directed that the Government's documents be in clear and accessible language. The NRC requests comments on this direct final rule specifically with respect to the clarity and effectiveness of the language used. Comments should be sent to the address listed under the heading ADDRESSES , above. Finding of No Significant Environmental Impact: Availability Under the National Environmental Policy Act of 1969, as amended, and the NRC regulations in Subpart A of 10 CFR part 51, the NRC has determined that this rule, if adopted, would not be a major Federal action significantly affecting the quality of the human environment and, therefore, an environmental impact statement is not required. The NRC has prepared an environmental assessment and, on the basis of this environmental assessment, has made a finding of no significant impact. The rule will add the CoC for the HI-STORM FW System, CoC No. 1032, to the list of approved spent fuel storage casks that power reactor licensees can use to store spent fuel at reactor sites under a general license. The HI-STORM FW System provides the following:

(1)The ability to store and transport BWR fuel with high initial enrichment (up to 4.8 weight percent uranium-235 planer average) without reliance on burnup or gadolinium credit;

(2)the ability to load and store spent nuclear fuel from the longest to the shortest currently, and expected to be produced, in the United States without requiring site crane upgrades;

(3)a reduction in the 10 CFR part 71 burnup credit requirement for the PWR basket allowing transportation of 5 weight percent uranium-235 fuel with moderate burnup;

(4)enlarged storage cell opening sizes in both PWR and BWR MPCs to ensure distorted irradiated fuel will fit without difficulty and to permit canisterized fuel to be stored in certain designated locations;

(5)greater heat rejection capacity with lower peak fuel cladding temperature than the HI-STORM 100 cask system, CoC No. 1014; and

(6)a variable weight (HI-TRAC VW) transfer cask that will allow use of the full capacity of a facility's cask crane. The HI-STORM FW System consists of the following major components: HI-STORM FW Overpack, PWR MPC-37, BWR MPC-89, and HI-TRAC VW Transfer Cask. The environmental assessment and finding of no significant impact on which this determination is based are available for inspection at the NRC Public Document Room, Room O-1F21, One White Flint North, 11555 Rockville Pike, Rockville, Maryland. Single copies of the environmental assessment and finding of no significant impact are available from Gregory Trussell, Office of Federal and State Materials and Environmental Management Programs, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001, telephone: 301-415-6445, e-mail: *Gregory.Trussell@nrc.gov* . Paperwork Reduction Act Statement This rule does not contain any information collection requirements and, therefore, is not subject to the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 *et seq.* ). Existing requirements were approved by the Office of Management and Budget (OMB), Approval Number 3150-0132. Public Protection Notification The NRC may not conduct or sponsor, and a person is not required to respond to, a request for information or an information collection requirement unless the requesting document displays a currently valid OMB control number. Regulatory Analysis On July 18, 1990 (55 FR 29181), the Commission issued an amendment to 10 CFR part 72. The amendment provided for the storage of spent nuclear fuel in cask systems with designs approved by the NRC under a general license. Any nuclear power reactor licensee can use cask systems with designs approved by the NRC to store spent nuclear fuel if it notifies the NRC in advance, the spent fuel is stored under the conditions specified in the cask's CoC, and the conditions of the general license are met. In that rule, four spent fuel storage casks were approved for use at reactor sites and were listed in 10 CFR 72.214. That rule envisioned that storage casks certified in the future could be routinely added to the listing in 10 CFR 72.214 through the rulemaking process. Procedures and criteria for obtaining NRC approval of new spent fuel storage cask designs were provided in 10 CFR part 72, subpart L. The alternative to this action is to withhold approval of this new design and issue a site-specific license to each utility that proposes to use the casks. This alternative would cost both the NRC and utilities more time and money for each site-specific license. Conducting site-specific reviews would ignore the procedures and criteria currently in place for the addition of new cask designs that can be used under a general license, and would be in conflict with NWPA direction to the Commission to approve technologies for the use of spent fuel storage at the sites of civilian nuclear power reactors without, to the maximum extent practicable, the need for additional site reviews. This alternative also would tend to exclude new vendors from the business market without cause and would arbitrarily limit the choice of cask designs available to power reactor licensees. This final rule will eliminate the above problems and is consistent with previous Commission actions. Further, the rule will have no adverse effect on public health and safety. The benefit of this rule to nuclear power reactor licensees is to make available a greater choice of spent fuel storage cask designs that can be used under a 10 CFR part 50 general license. The new cask vendors with casks to be listed in 10 CFR 72.214 benefit by having to obtain NRC certificates only once for a design that can then be used by more than one power reactor licensee. The NRC also benefits because it will need to certify a cask design only once for use by multiple licensees. Casks approved through rulemaking are to be suitable for use under a range of environmental conditions sufficiently broad to encompass multiple nuclear power plants in the United States without the need for further site-specific approval by NRC. Vendors with cask designs already listed may be adversely impacted because power reactor licensees may choose a newly listed design over an existing one. However, the NRC is required by its regulations and NWPA direction to certify and list approved casks. This rule has no significant identifiable impact or benefit on other Government agencies. Based on the above discussion of the benefits and impacts of the alternatives, the NRC concludes that the requirements of the final rule are commensurate with the Commission's responsibilities for public health and safety and the common defense and security. No other available alternative is believed to be as satisfactory, and thus, this action is recommended. Regulatory Flexibility Certification Under the Regulatory Flexibility Act of 1980 (5 U.S.C. 605(b)), the NRC certifies that this rule will not, if issued, have a significant economic impact on a substantial number of small entities. This direct final rule affects only nuclear power plant licensees and Holtec. These entities do not fall within the scope of the definition of “small entities” set forth in the Regulatory Flexibility Act or the size standards established by the NRC (10 CFR 2.810). Backfit Analysis The NRC has determined that the backfit rule (10 CFR 72.62) does not apply to this direct final rule because this amendment does not involve any provisions that would impose backfits as defined in 10 CFR Chapter 1. Therefore, a backfit analysis is not required. Congressional Review Act Under the Congressional Review Act of 1996, the NRC has determined that this action is not a major rule and has verified this determination with the Office of Information and Regulatory Affairs, Office of Management and Budget. List of Subjects in 10 CFR Part 72 Administrative practice and procedure, Hazardous waste, Nuclear materials, Occupational safety and health, Radiation protection, Reporting and recordkeeping requirements, Security measures, Spent fuel, Whistle blowing. For the reasons set out in the preamble and under the authority of the Atomic Energy Act of 1954, as amended; the Energy Reorganization Act of 1974, as amended; the Nuclear Waste Policy Act of 1982, as amended; and 5 U.S.C. 552 and 553; the NRC is adopting the following amendments to 10 CFR part 72. PART 72—LICENSING REQUIREMENTS FOR THE INDEPENDENT STORAGE OF SPENT NUCLEAR FUEL, HIGH-LEVEL RADIOACTIVE WASTE, AND REACTOR-RELATED GREATER THAN CLASS C WASTE 1. The authority citation for part 72 continues to read as follows: Authority: Secs. 51, 53, 57, 62, 63, 65, 69, 81, 161, 182, 183, 184, 186, 187, 189, 68 Stat. 929, 930, 932, 933, 934, 935, 948, 953, 954, 955, as amended, sec. 234, 83 Stat. 444, as amended (42 U.S.C. 2071, 2073, 2077, 2092, 2093, 2095, 2099, 2111, 2201, 2232, 2233, 2234, 2236, 2237, 2238, 2282); sec. 274, Pub. L. 86-373, 73 Stat. 688, as amended (42 U.S.C. 2021); sec. 201, as amended, 202, 206, 88 Stat. 1242, as amended, 1244, 1246 (42 U.S.C. 5841, 5842, 5846); Pub. L. 95-601, sec. 10, 92 Stat. 2951 as amended by Pub. L. 102-486, sec. 7902, 106 Stat. 3123 (42 U.S.C. 5851); sec. 102, Pub. L. 91-190, 83 Stat. 853 (42 U.S.C. 4332); secs. 131, 132, 133, 135, 137, 141, Pub. L. 97-425, 96 Stat. 2229, 2230, 2232, 2241, sec. 148, Pub. L. 100-203, 101 Stat. 1330-235 (42 U.S.C. 10151, 10152, 10153, 10155, 10157, 10161, 10168); sec. 1704, 112 Stat. 2750 (44 U.S.C. 3504 note); sec. 651(e), Pub. L. 109-58, 119 Stat. 806-10 (42 U.S.C. 2014, 2021, 2021b, 2111). Section 72.44(g) also issued under secs. 142(b) and 148(c), (d), Pub. L. 100-203, 101 Stat. 1330-232, 1330-236 (42 U.S.C. 10162(b), 10168(c),(d)). Section 72.46 also issued under sec. 189, 68 Stat. 955 (42 U.S.C. 2239); sec. 134, Pub. L. 97-425, 96 Stat. 2230 (42 U.S.C. 10154). Section 72.96(d) also issued under sec. 145(g), Pub. L. 100-203, 101 Stat. 1330-235 (42 U.S.C. 10165(g)). Subpart J also issued under secs. 2(2), 2(15), 2(19), 117(a), 141(h), Pub. L. 97-425, 96 Stat. 2202, 2203, 2204, 2222, 2244 (42 U.S.C. 10101, 10137(a), 10161(h)). Subparts K and L are also issued under sec. 133, 98 Stat. 2230 (42 U.S.C. 10153) and sec. 218(a), 96 Stat. 2252 (42 U.S.C. 10198). 2. In § 72.214, Certificate of Compliance 1032 is added to read as follows: § 72.214 List of approved spent fuel storage casks. Certificate Number: 1032. Initial Certificate Effective Date: June 13, 2011. SAR Submitted by: Holtec International, Inc. SAR Title: Safety Analysis Report on the HI-STORM FW System. Docket Number: 72-1032. Certificate Expiration Date: June 13, 2031. Model Numbers: MPC-37, MPC-89. Dated at Rockville, Maryland, this 8th day of February 2011. For the Nuclear Regulatory Commission. R.W. Borchardt, Executive Director for Operations. [FR Doc. 2011-7102 Filed 3-25-11; 8:45 am]

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